SIDDNATH Vs. M/S. CHHOTELAL & COMPANY

JUDGEMENT

(1.) PLAINTIFF -appellants have preferred this appeal against the judgment and decree dated 31.7.1978 passed by the Third Additional District Judge, Indore, in Civil Suit No. 8 -A of 1977, whereby the suit filed by plaintiffs had been dismissed.

(2.) ACCORDING to plaintiffs, House bearing No. 1756 situated in Cantonment Area, Show, was purchased by them on 31.12.1963 from one Balaram and his son Nathulal for a consideration of Rs. 5000/ -. Admittedly defendants -respondents were in occupation of the suit house as tenants, at the time of purchase. According to plaintiffs, they obtained possession of one room on the first floor of the house. Plaintiff earlier filed a suit for eviction of defendants asserting that defendants are living in the house in question as tenant. Defendants resisted the prayer of plaintiffs in the earlier suit and their stand was that the suit house was purchased by defendants firm from Balaram and Nathualal as 'Benami' in the name of plaintiffs and defendants were real owner of the suit house and were occupying the same as its owner and not tenant. Defendants also denied the assertions of plaintiffs that they are in possession of the one rooms. It was further stated by defendants that prior to its purchase, the suit house was occupied by the firm as tenant from the date of purchase i.e. 31.12.1963, they became owners and occupied the house in question as owners there of. This suit No. 111 -A / 1965 was dismissed by the Trial Court and the appeal preferred against the said judgment and decree was also dismissed by the appellate Court.

(3.) IN the present suit defendant - respondent No. 2 averred that the house in question was purchased by the firm and the consideration was also paid by cheque. According to the defendant No. 2, he and defendant No. 3 were partners of the firm and for its business purposes the suit house was taken on rent from Balaram about 30 years prior to filing of written statement on 2.5.1972. This house was purchased by the firm for consideration of Rs. 5000/ -. a written agreement was executed on 7.3.1960 and amount of Rs MX)/ - was paid as advance and the balance of Rs. 4000/ - was paid by cheque. It is the assertion of the aforesaid defendants that although the house in question was purchased in the name of plaintiffs, it was a 'Benami' transaction.